Interception of Communications Act 1985
An Act to make new provision for and in connection with the interception of communications sent by post or by means of public telecommunication systems and to amend section 45 of the Telecommunications Act 1984.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
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11 Amendments, saving and repeal.
(1)
For section 45 of the 1984 Act (interception and disclosure of messages etc.) there shall be substituted the section set out in Schedule 2 to this Act.
F11(2)
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12 Short title, commencement and extent.
(1)
This Act may be cited as the Interception of Communications Act 1985.
(2)
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(3)
This Act extends to Northern Ireland.
(4)
Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall extend to the Isle of Man or any of the Channel Islands with such exceptions, adaptations and modifications as may be so specified.
F13SCHEDULE 1
Constitution of Tribunal
1
(1)
The Tribunal shall consist of five members each of whom shall be
F14(a)
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b)
an advocate or solicitor in Scotland of at least 10 years’ standing; or
(c)
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.
(2)
The members of the Tribunal shall be such persons as Her Majesty may by Letters Patent appoint and shall, subject to the following sub-paragraphs, hold office during good behaviour.
(3)
A member of the Tribunal shall vacate office at the end of the period of five years beginning with the day of his appointment but shall be eligible for reappointment.
(4)
A member of the Tribunal may be relieved of office by Her Majesty at his own request.
(5)
A member of the Tribunal may be removed from office by Her Majesty on an Address presented to Her by both Houses of Parliament.
President and Vice-President
2
(1)
Her Majesty may by Letters Patent appoint as President or Vice-President of the Tribunal a person who is, or by virtue of those Letters will be, a member of the Tribunal.
(2)
If at any time the President of the Tribunal is temporarily unable to carry out the functions of the President under this Schedule, the Vice-President shall carry out those functions.
(3)
A person shall cease to be President or Vice-President of the Tribunal if he ceases to be a member of the Tribunal.
Procedure of Tribunal
3
The functions of the Tribunal in relation to any application made to them shall be capable of being carried out, in any place in the United Kingdom, by any two or more members of the Tribunal designated for the purpose by their President; and different members of the Tribunal may carry out functions in relation to different applications at the same time.
4
(1)
It shall be the duty of every person holding office under the Crown or engaged in the business of the Post Office or in the running of a public telecommunications system to disclose or give to the Tribunal such documents or information as they may require for the purpose of enabling them to carry out their functions under this Act.
(2)
Subject to paragraph 6(2) below, the Tribunal shall carry out their functions under this Act (except their functions in relation to reports under section 7(4) of this Act) in such a way as to secure that no document or information which is disclosed or given to the Tribunal is disclosed or given to any person (including an applicant to the Tribunal or a person holding office under the Crown) without the consent of the person who disclosed or gave it to the Tribunal; and accordingly the Tribunal shall not, except in reports under section 7(4) of this Act, give reasons for any decision made by them.
(3)
Subject to sub-paragraph (2) above, the Tribunal may determine their own procedure.
Salaries and expenses
5
(1)
The Secretary of State shall pay to the members of the Tribunal out of money provided by Parliament such remuneration and allowances as he may with the approval of the Treasury determine.
(2)
Such expenses of the Tribunal as the Secretary of State may with the approval of the Treasury determine shall be defrayed by him out of money provided by Parliament.
Officers
6
(1)
The Secretary of State may, after consultation with the Tribunal and with the approval of the Treasury as to numbers, provide the Tribunal with such officers as he thinks necessary for the proper discharge of their functions.
(2)
The Tribunal may authorise any officer provided under this paragraph to obtain any documents or information on the Tribunal’s behalf.
Parliamentary disqualification
7
(1)
“The Tribunal established under the Interception of Communications Act 1985”;
and the like insertion shall be made in Part II of Schedule 1 to the M2Northern Ireland Assembly Disqualification Act 1975.
F15SCHEDULE 2 Section Substituted for Section 45 of 1984 Act
F15 Disclosure of messages et ceteralaetc.
F1545
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